DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/4083)

O'NEILL & BROWN PLUMBING COMPANY PTY LTD AND PLUMBING TRADES EMPLOYEES UNION ENTERPRISE AGREEMENT 2020-2024

Plumbing industry
DEPUTY PRESIDENT CROSS	SYDNEY, 22 JANUARY 2021

Application for approval of the O'Neill & Brown Plumbing Company Pty Ltd and Plumbing Trades Employees Union Enterprise Agreement 2020-2024.

[1] An application has been made for approval of an enterprise agreement known as the O’Neill & Brown Plumbing Company Pty Ltd and Plumbing Trades Employees Union Enterprise Agreement 2020-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2021. The nominal expiry date of the Agreement is 22 January 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of the O'Neill & Brown Plumbing Company Pty Ltd and Plumbing Trades Employees Union Enterprise Agreement 2020-2024. The dispute centred on the procedural fairness of the agreement, particularly whether the union had adequately consulted with its members before entering into the agreement.

The central issue was whether the union had acted in accordance with its internal rules and the Fair Work Act by consulting its members and obtaining their views on the proposed agreement. The union argued that it had taken all necessary steps to ensure that its members were consulted and that their views were considered. The employer, however, contended that the union had failed to adequately consult with its members and that the agreement was therefore invalid.

The Commission found that the union had not complied with its internal rules and the requirements of the Fair Work Act. The union had not provided its members with adequate information about the proposed agreement and had not given them a reasonable opportunity to express their views. The Commission held that the union's failure to consult its members properly meant that the agreement was invalid. The application for approval was therefore dismissed.

The Commission ordered that the agreement be returned to the parties for further consultation and consideration. The union was directed to take all necessary steps to ensure that its members were properly consulted and that their views were considered before any further agreement was entered into. The employer was directed to cooperate with the union in this process.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established